City Council Meeting January 23, 2018 Coastal Construction Setback - PowerPoint PPT Presentation

City of New Smyrna Beach Coastal Construction Setback Line Review City Council Meeting January 23, 2018 Coastal Construction Setback Line Review

Scope of Work  Comparison of the City's Coastal Construction Setback Line (CCSL) to that of the Florida Department of Environmental Protection’s Coastal Construction Control Line (CCCL)  Focusing on the section along N. Atlantic Avenue between the Crawford Road Intersection to Sapphire Road Intersection. Coastal Construction Setback Line Review

Pr Project Lo oject Loca cation tion Coastal Construction Setback Line Review

Documents Reviewed  Aerial of Crawford Rd. to Sapphire Rd. with DEP CCSL (1991), DNR CCCL (1973), and NSB CCSL (Appendix A)  The City of New Smyrna Beach’s ordinances on development in the coastal area- Article 703.00 (Appendix B)  FDEP 2012 Rules and Procedures for Coastal Construction and Excavation- 62B-33 (Appendix C)  The City of New Smyrna Beach’s general definitions – Article 201.00 (Appendix D)  Methodology on Coastal Construction Control Line Establishment (Appendix E)  Florida Statutes 161.053 (Appendix F) Coastal Construction Setback Line Review

Suggested Changes to City’s Ordinance  Under subsection B(3), we recommend prohibiting hardscape features that would drain east-ward onto the dune system or beach. Hardscape features draining into the road (Atlantic Avenue) is likely not to have an adverse impact on the environment. However, drainage should be reviewed by the city to preclude impacts to other areas from the additional discharge.  The title of subsection H, should refer to the City’s “Coastal Construction Setback Line,” and not “Coastal Construction Control Line” in order to keep consistency and provide clarity.  We recommend adding definitions to Article 104.00- General Definitions in order to provide clarity in Article 703.00- Development in the coastal area, such as “walkover,” “dune,” “excavation,” “substantial adverse effect” and “tidal armoring. ” However, the City should clarify to any applicant for development that the FDEP should be consulted as there may be certain requirements that could be mandated by the agency based on specific site locations. Coastal Construction Setback Line Review

Comparisons: City & FDEP Regulations Regulations Seaward of the City’s CCSL FDEP Regulation Prohibited Structures with New Development: any These structures are not strictly prohibited in 62B- portion of a principal building whether habitable or 33. However, all proposed construction must not non-habitable (including but not limited to porches, create a significant adverse impact to marine life, balconies, roof overhangs, and other projections native vegetation, or dune system. from the building), any accessory structure (except (62B-33.005 (2)) walkovers and seawalls), any hardscape features (including but not limited to pavers, planters and playground equipment) (703.02B(1-3)) In no case shall fence height be allowed to exceed There are no guidelines in 62B-33 on fence heights. four feet in height. (max. height is three feet if more than 25% of the fence is opaque) (703.02D) Coastal Construction Setback Line Review

Comparisons: City & FDEP Regulations Regulations Seaward of the City’s CCSL FDEP Regulation Proposed construction must be located behind There are no guidelines in 62B-33 on proposed any existing seawall or tidal armoring (this construction having to be behind a seawall. excludes proposed construction of dune walkovers, new sea walls, other tidal armoring and similar structures by function must be constructed in front of existing seawalls and tidal armoring) (703.02D(1.d)) Regulations of walkovers: There are no guidelines in 62B-33 on walkovers. However, all proposed construction must not The walkover shall be posted with signs create a significant adverse impact to marine life, containing information including the laws native vegetation, or dune system concerning the prohibition of disturbing sea turtle nests, dates indicating sea turtle nesting season (62B-33.005 (2)) and prohibition against disturbing state protected vegetation and dunes. If constructed across vegetated dunes or vegetated beach berms, then walkover shall be pile-supported and elevated above vegetation and dune system Walkovers shall be designed to protect the Volusia County conservation zone, natural areas, and beach habitat from construction impacts and long- term pedestrian impacts Walkovers must be approved by FDEP (703.02D(1.e)(1.g-1.i)) Coastal Construction Setback Line Review

Comparisons: City & FDEP Regulations Regulations Seaward of the City’s CCSL FDEP Regulation Replacement of any removed vegetation within 60 The removal or destruction of vegetation cannot days of completed construction is required. It either destabilize a frontal, primary, or significant must be vegetation from a list of acceptable plants dune or cause a significant adverse impact to the approved by Volusia County (refer to Table 1 in beach and dune system due to increased erosion Appendix A) and must be water continuously for a by the wind or water. (62B-33.005 (4a)) In minimum of 45 days. considering project impact to native salt-tolerant (703.02D(1.f)) vegetation, the Department shall evaluate the type and extent of native salt-tolerant vegetation, the degree and extent of disturbance by invasive nuisance species and mechanical and other activities, the protective value to adjacent structures and natural plant communities, the protective bale to the beach and dune system, and the impacts to marine turtle nesting and hatchlings. The Department shall restrict activities that lower the protective value of natural and intact beach and dune, coastal strand, and maritime hammock plant communities. Activities that result in the removal of protective root systems or reduce the vegetation’s sand trapping and stabilization properties of salt tolerant vegetation are considered to lower its protective value. Construction shall be located, where practical, in previously disturbed areas or areas with non-native vegetation in lieu of area is native plant communities. (62B-33.005 (11)) Coastal Construction Setback Line Review

Comparisons: City & FDEP Regulations Regulations Seaward of the City’s CCSL FDEP Regulation Construction of Seawalls: Construction of armoring shall be authorized if a gap exists that does not exceed 250 feet. (62B- The proposed seawall shall fill in an existing gap 33.0051 (1)(a)3.) of less than 200 feet between existing seawalls. The proposed seawall shall not exceed, The installment shall not exceed the highest level a.The highest point of the existing grade within 25 of protection provided by the adjoining walls. feet of the proposed seawall location. (62B-33.0051 (1)(a)3.d.) b.The average height of the two nearest seawalls. (703.02E) There is no guideline regarding a limitation on the height of the wall equaling the highest point of grade within a certain distance. Prior to commencing any construction activity A dune restoration plan is not outlined in 62B-33. near a dune system, a dune restoration plan, However, all proposed construction must not prepared by a qualified professional, must be create a significant adverse impact to marine life, approved by the City and must be executed after native vegetation, or dune system. construction should any damage to the natural (62B-33.005 (2)) dune environment occur. (703.02G(3-4)) Coastal Construction Setback Line Review

Comparisons: City & FDEP Regulations Regulations Seaward of the City’s CCSL FDEP Regulation No excavation of the dunes, removal of dune vegetation or Sandy material excavated seaward of the CCCL or setback any disruption of the natural environment shall be allowed line shall be maintained on site seaward of the CCCL or except as indicated herein. setback line and placed in the immediate area of (703.02G(1)) construction. (62B-33.005 (6)) The construction will not result in the net excavation of the in situ sandy soils seaward of CCCL or setback. (62B-33.005 (4)(d)) The construction will not result in removal or disturbance of in situ sandy soils of the beach and dune system to such a degree that a significant adverse impact to the beach and dune system would result from either reducing the existing ability of the system to resist erosion during a storm or lowering existing levels of storm protection to upland properties and structures. (62B-33.005 (4)(b)) The removal or destruction of native vegetation is not allowed if it will either destabilize a frontal, primary, or significant dune or cause a significant adverse impact to the beach and dune system. (62B-33.005 (4)(a)) Rebuilding after a Hurricane: There are no guidelines in 62B-33 on rebuild following a  If structure sustains total damages less than 50 percent hurricane. Any construction must follow all regulations in of the primary or accessory structure’s replacement cost 62B-33. The repairs may be completed under the at the time of damage, it may be rebuilt to its original Emergency Final Order. condition  If structure sustains total damage more than 50 percent of primary structures replacement cost, it may be rebuilt to the same square footage and density it had immediately prior to the event (but must comply with all regulations) (703.02I(1-2)) Coastal Construction Setback Line Review